Posts by Ross Hardy

Foundation Forensics

Crack in a foundation

Cracks in foundations are by far the most common structural complaint raised in either reserve fund studies or transition studies.  They can occur in the youngest or newest condo building.  As condo documents usually assign the maintenance responsibility of their repair to the association, board members and property managers take them very seriously.  Maine condo buildings have many types of foundations including concrete block; brick; and mortared stone with the most common being poured concrete.

Most basements and garages have 4 to 6 inch concrete slabs and unless this is a slab-on-grade foundation, the slabs were poured independently of the foundation walls.  They are said to be ‘floating’.  Often the construction joint between the slab and wall can easily be seen.  The common slab crack complaint is hairline cracks appearing in spider web-like patterns.  These cracks can show up shortly after construction and are normally caused by shrinkage during the curing process.  The key point here is this type of slab cracking is rarely a structural problem, for after all, the slab could be completely removed leaving a dirt floor while the foundation walls and columns with footings will easily maintain a stable building.

Therefore, slab cracking is often more of a cosmetic problem.  Cracks are often repaired with a variety of grout, caulk, or epoxy products primarily to prevent groundwater penetration, insect entry, or radon gas infiltration.  Cracks showing differential movement on opposing surfaces can be a tripping hazard but more importantly an indication of serious sub-surface conditions needing further investigation.

Regarding foundation walls, the most typical problem with concrete walls are vertical hairline cracks, often starting at the top of the wall and traveling down to the floor slab.  A sub-set of these types of cracks are those that propagate often in a diagonal direction from stress concentration points such as the bottom corners of basement window openings.  The key point to remember is these types of cracks, even when they penetrate the entire thickness of the wall, normally do not constitute a structural problem as the loads from above pass unobstructed on both sides of the crack to the footings below.

However, when the wall surfaces on both sides of the crack are moving out of plane or the structure above shows stress in the form of movement or cracking sheetrock walls and ceilings above, further structural evaluation is warranted.  Foundation cracks should be sealed if periodic water infiltration occurs.  Repairing cracks from the outside if often the best method, but due to the excavation costs involved, repairing the crack from the interior by injecting a crack filling material has become a routine solution.

When horizontal wall cracks; multiple closely spaced vertical cracks; or large diagonal cracks in basement corners are observed, these conditions may indicate more serious problems related to settlement or other structural problems.  Similarly, a single vertical crack that is much wider at the top of the wall may indicated foundation settlement problems stemming from poor soil conditions; hydrostatic groundwater pressures; or frost heaving.  These problems should be directed to a knowledgeable consultant.

Regarding concrete block foundation walls, most of the guidance above can be used with some exceptions.  By their nature concrete block walls are often not well reinforced and are subject to inward movement from various soil pressures causing these types of walls can bulge inward.  Ice lens forming about 3 feet below the ground surface can expand and push concrete block walls inward.  This can even occur from a vehicle’s weight being too close to the foundation, such as oil delivery truck.  When horizontal cracking is observed in block walls, steps should be taken quickly to prevent further movement.  These types of walls are also very susceptible to water penetration even when foundation drains are present often requiring serious water proofing repairs.

The key to maintaining a sound brick or concrete block foundation is periodic vigilance to ensure loose or dislocated masonry elements are not ignored.  If you observe a ‘stair step’ patten crack in the mortar joints of a masonry foundation wall, it typically means settlement has occurred under the ‘step’ section of the wall. .  Any observed bulges or horizontal movement, as well as new cracks, should be quickly addressed.

Many Maine condominiums have been converted from old multi-family apartment buildings with mortared or un-mortared stone foundations, some with brick foundation walls above the ground surface.  These foundations have stood the test of time and are more than 100 years old and if well maintained can last another 100 years.  They are more likely to allow the entrance of ground water due to their porous nature and the necessary steps should be taken to protect the structural elements and indoor air quality of the building if high moisture is a problem.  Old foundations are like people.  As they age, they need some extra care but they have already met the test of time.

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News Association Liabilities — Ignorance is not Bliss

So what keeps you up at night? If you are a condo board member or a property manager, it might be that dreaded phone call reporting calamity at the condominium. Whether it is the report of a fire; or a frozen sprinkler leak; or an injury due to a common element failure, the association’s actions in the past, in the present, or in the future will determine the ultimate outcome of association liabilities.

Condominium associations can assume a wide range of liabilities in this litigious environment we live and this article will not address most of these occurrences such as employee or third party lawsuits; violations of board fiscal responsibilities; and failure to follow administrative directives found in the condo declaration documents, to name just a few. Instead, this article will focus solely on Breach of Duty issues associated with common or limited common elements that could have been foreseen or avoided with proper attention by the community leaders.

Water Infiltration

One of the most common problems facing any building complex is water. Moisture infiltration through the building envelope can develop in virtually any type of structure. Keep in mind the building envelope includes not just the roof surface and exterior wall siding but also windows and doors as well as the foundation itself. Water infiltration takes as many forms as there are states of water, that is, moisture damage can be caused by free running water, ice, steam, and vapor. One of the most important issues to remember is water in any form requires time to cause damage. A short duration wetting rarely caused serious or extensive damage.

A vigilant condo board will have in place protocols and procedures to discover the first signs of water problems through the use of routine building inspection of the common areas and a population of unit owners informed on how to advise the board on water problems in their units. The condo’s building maintenance plan will require a visual inspection of all roof surfaces after any wind event over 50 miles per hour or hail or ice storms. Common area basements and crawlspaces should be viewed after extended rain events. All unit owners should be warned about freezing pipes and sprinkler systems. This is especially true for communities with a large proportion of snow birds taking extended vacations during the winter months. Requirements for low temperature alarms; minimum year-round thermostat settings; and hot water overflow pans should be well understood by all owners.

There should be a guideline in place for what actions are needed when a building envelope water infiltration problem is reported. The action needs to be timely and documented with the issue directed to a pre-determined individual who has the knowledge to understand the seriousness of the problem and the authority to act.

Perils of Poor Maintenance

An example of what can go wrong can be illustrated by the recent case of a relatively new four-story condominium building with a flat rubber membrane roof in Portland, Maine. The top floor unit owner observed some signs of interior wall water stains on the north side of the building. The problem was reported to the property manager who advised the board to hire a roofer to inspect the roof. As the water infiltration appeared to come and go with the way the wind blew, the board felt the problem could be put off as there were more pressing projects. Time passes before the unit owner hires his own building inspector who discovers a tear in a roof membrane seam was allowing water to enter the exterior wall cavity. Further invasive inspection of the exterior wall revealed that not only was the wall oriented strand board (OSB) siding beginning to rot but most of that side of the building’s fiberglass insulation was water saturated and the sheetrock walls had significant mold contamination requiring the unit owner’s family to move out of the unit during the mitigation and costly repair project. All would agree this was an avoidable liability for the condo, if prompt action had been taken.

Similarly, if a unit owner reports recent sheetrock cracks or door molding seams opening and doors not closing properly, the board should not assume it is a unit owner’s responsibility to repair. The interior walls may not be a common element, but the causes of the reported problems may relate directly to a common element such as the foundation or building framing. Taking all such reports seriously will show the owners their concerns are being listened to and potentially head off a widespread global problem throughout the entire complex.

Trip and fall hazards should also be taken seriously to avoid Duty of Care liability. Whether it is missing tiles on the swimming pool deck; damaged carpet in the halls or stairways; or the depressed asphalt pavement that ponds and freezes every winter, these problems are usually well known before the accident happens. You do not want to be the board member in front of the judge when he asks you how easy would it have been to repair the tripping hazard. And don’t forget the hidden fire hazards such as uncleaned common dryer vent ducts or lapsed inspections of the sprinkler system. Don’t depend on hindsight when it comes to risk management.

Article written by Jack Carr, P.E., R.S., LEED-AP, Criterium Engineers
Published in Condo Media February 2020 edition
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Condos and Tariffs

There is an old Chinese saying, ‘May you live in Interesting Times’. This statement is interpreted to be more of a curse than a friendly greeting, as the interesting times refer to upcoming periods of chaos or uncertainty. Ask any investor or economic forecaster what they fear most, it is uncertainty. Unfortunately, this is the economic environment today’s condominium and HOA board members find themselves in as they develop their future reserve fund budgetary plans.

No matter what your political persuasions are, the continuing blur of economic headlines about fluctuating international trade tariffs; economic retaliations; the price of eggs and cars; soaring housing entry costs; massive government job cuts; stagflation warnings; etc., leave many of us with feelings of uncertainty. For years we have recommended to our Maine clients the need to update reserve fund plans every 4 to 5 years. This rule of thumb needs to be reconsidered in this present climate, as international tariffs will have a significant impact on condo communities.

One thing we can be certain about is a tariff war with our closest neighboring trading partners, as well as China and Europe, will have unintended consequences. Whether the imposition of tariffs is for negotiating perceived trade imbalances or a long-term protectionist policy, there will be a direct impact on the future cost of goods and a reversal of any recent gains on inflationary pressures. While this is a countrywide problem and we are all in the same pool together, some US regions and industries are more in the deep end than others. For this reason, let us consider how an international trade war will affect Maine and more specifically our condominium and HOA communities and what we can do about it.

Canada is Maine’s largest trading partner with over $6 billion crossing our shared 600-mile border. Maine exports $1.5 billion worth of goods to Canada. Maine is highly dependent of Canadian energy importing over 80% of our home heating fuels. One of Maine largest industries is timber but due to historical overharvesting practices a large portion of our lumber goes into Maine’s pulp and paper industry as most of our harvested logs are too narrow to produce structural lumber. Instead, Maine imports from Canada over 85% of our structural lumber needs ($200 million) such as 2×4’s, 2×6’s, etc. to construct our residential and commercial buildings.

On average, lumber costs account for about 10% of a Maine building. It is expected that a 25% tariff on Canadian lumber will raise our lumber import cost by $50 million or 5 to 10% of a new condo unit cost based on estimates from the Maine Association of Home Builders and Remodelers. Similarly, Maine’s construction industry sources much of its cabinets, roofing materials, insulation, and windows from Canadian manufacturers while drywall and appliances are coming out of Mexico. China of course is a source for many other building supplies and products.

Unfortunately, all of this comes at a time when Maine is desperate for new multifamily and condominium units. Instead, the National Association of Home Builders has predicted the tariffs will cause a dramatic slowdown in residential construction due to the expected prohibitive cost increases which appear to conflict with the government’s executive order to increase housing supply and affordability. So, the question arises, what is a condo board to do in the face of rising future costs when preparing the next reserve fund budget?

In the recent past your engineer or reserve fund specialist would prepare a budget based on ‘in-kind’ asset replacement/ repair for each reserve component line item and adjust with a standard inflation rate 3 to 4% as approved by the board. This practice should be revised in today’s environment of uncertainty. Whether it be the talking heads on the evening news or your condo accountant, nobody knows what the future holds. It is uncertain which tariffs will be implemented or how long the trade war will last or what is the impact on your community’s specific project costs and schedule?

For these reasons, a standard reserve fund study may not be the best choice. Instead, discussions with your reserve fund consultant about changing to a more comprehensive reserve fund study approach would be in order. An enhanced engineering analysis will go beyond ‘in-kind’ replacement but instead consider upgrades or alternative materials taking into consideration life-cycle savings; maintenance ease; or operational efficiencies. Objectively reviewing the available options for modernization, maintenance, and repair may produce sufficient cost savings to offset the surprises in the future.

As an example, an enhanced study could reveal your community roof surfaces are not wearing equally due to sun exposure or construction methods. This could suggest a more economical roof resurfacing plan based on roof resurfacing phasing allowing the extension of capital spending to later years to spread cash flow needs. Similarly, the planned HVAC replacement program could convert from oil to natural gas or from conventional systems to heat pump driven systems. Thinking outside the box may be the solution to facing interesting times.

Written by Jack Carr, P.E., R.S., LEED-AP, Senior Consultant Criterium Engineers
Published in Condo Media

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Pests: Don’t Bug Out!

Perhaps the most dreaded sound in an HOA or condo complex, other than a fire alarm or screaming siren, is repeated unit owners calls reporting a pest infestation.  Pests can come in many types of creatures, both large and small, including bats, seagulls, geese, rodents, mold spores, and wasps. For this brief article our focus on this unpleasant subject will be insects.

Infestations of Pests

The most familiar of these natural but unwanted creatures are ants, mosquitoes, and ticks because of the fear they breed regarding disease and physical damage.  Property managers and board members who have experienced a serious insect infestation in their community know unit owners can become very emotionally upset if insect problems develop in an apparent uncontrolled manner.  Some of the most important aspects to consider when this problem arises are:

  1. Serious insect infestations cannot be swept under the rug. The word will get out beyond the community boundaries often becoming more of a problem than the infestation itself. It will affect the HOA’s and property manager’s reputation. It will linger after the problem is solved depressing market value of units and volume of prospective future buyers.
  2. The cost of remediation will be more than the cost to prevent the problem in the first place.
  3. Infestations of pests affect daily life leading to a decline in perceived quality of life and increased resentment by the unit owners.
  4. Some infestations can cause widespread property damage to both common and unit controlled elements including structural wood deterioration; contaminated insulation; holes in the building envelope leading to additional damage; and expensive repairs to electrical and ventilation systems.
  5. Disease spread and the potential of costly liability issues for the board and association.

Management of this problem requires the bylaws’ policy and procedures include preventive measures to ensure good communication between the unit owners and management to report problems and relay specific action instructions. This will include a well-defined step process of authorization and scheduling of needed pest control services to apply sprays, mists, traps, etc. recommended by professional pest management companies. Many of the suggested preventive measures are common for all insects but some actions are very specific to certain insect threats.

ANTS

The good news is termites cannot cross the Piscataqua River into Maine. Apparently Maine’s long, cold winters are tough on these creatures and those termites hitching a ride in firewood or other items from away do not make it to the breeding season. This good news may turn bad with future climate change.

This means our own hearty Maine black carpenter ants are the primary problem. Therefore, the community’s Property Committee should be trained in spotting telltale ant-sign such as the appearance of saw dust in odd places along the exterior walls and foundations. Even observing woodpecker activity in the form of holes in the wood siding and trim is a sign as these birds being drawn to the wood by hearing insect activity. This sign may be double jeopardy as it also may be sign of water infiltration into the building as wet wood attracts wood destroying insects.

MOSQUITOES

News reports of the northern spread of Eastern Equine Encephalitis; Zika; and West Nile Virus has got the attention of Mainers. There are many preventive steps that should be taken before authorizing a professional spray/ fogging application in the community. The Property Committee or landscape service company should be charged with eliminating any potential breeding habitat areas such as water ponding locations or open containers. Granular insecticides in drains and other water collecting property elements can be effective but should be strictly controlled by your pest service.

TICKS

These small insects are becoming a very serious health hazard in an increasing number of locations in Maine, particularly in southern coastal counties. Each year there is a reported increase in both Lyme and Powassan Disease. As with mosquito control, HOA communities often defend against ticks with chemical boundary sprays recommended by professional pest services.  An informed property management team may consider more environmentally safe pest treatment methods.

There are natural pesticides derived from organic materials such as oils gathered from plants.  Other pest control methods could including the HOA restricting bird feeders to the edge of the property to avoid attracting deer and rodents carrying ticks. When designing the community’s amenities such as walking trails; playgrounds; and landscaping consider using materials ticks do not enjoy. This could include a boundary of wood chips around the property borders or drip edge around the building foundations. Gravel and mulch also form a barrier ticks do not like to cross. Ask your landscaper about deer resistant plants; frequent trimming of tall grass areas; and to landscape some areas with Xericape techniques and materials.

Pest control does not have to be expensive with a little common sense. Inform the unit owners how they can help themselves. Direct them to the many websites with good information on personal protection from ticks, as well how to protect their pets. We should not be afraid of the natural world but respect it and not let those little pests bug us.

Article written by Jack Carr, P.E., R.S., LEED-AP, Criterium Engineers
Published in Condo Media April 2020 edition
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Your Roof: 8 Things to Consider!

If your house, condominium or commercial office building is like most built in the last 50 years, it probably has a sloped roof with one of the following roofing materials:

  • composition shingles
  • composite tile
  • cement or clay tile
  • wood shingles
  • metal roofing

Each type of roofing has its unique characteristics. However, there are also some common considerations to keep in mind:

  1. Life – The actual service life of a roof varies according to the location and exposure to sun and weather. You should not assume that the age determines its condition.
  2. Leaks – These are not usually the result of the roofing itself failing. Leaks usually occur due to the failure or improper installation of some related component such as flashing or underlayment.
  3. Resurfacing – When resurfacing a roof, you should strip the existing material to the sheathing to allow for a visual inspection of the sheathing, and replacement of all of the related components.
  4. Stains – If you have dark stains on a composition roof, it is probably mold. Diluted chlorine cleaners and products such as Shingle Shield are effective at removing the growth. New shingles are more fungus-resistant than some of those manufactured in the 1980s and ‘90s.
  5. Trees – Cut back overhanging tree limbs. They can wear a hole in your roof from the wind blowing through the trees.
  6. Gutters – If you have gutters, keep them clean. Gutters full of debris are far worse than no gutters. Debris encourages fungus, which can infect the roof sheathing. Rot and mold are the result.
  7. Wood – If you have wood shingles, make sure that they are treated for fire resistance and that the treatment is kept current.
  8. Clean – Keep your it clean, especially the details around skylights, dormers and valleys, and take note of any change in shape – this is where leaks start.

Your roof has an important job to do—to keep you dry in all kinds of weather. If you take care of it, you will get the most reliable protection and longest life.

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Top 10 Condo Building Problems

Workmanship, Quality Control & Water…

Probably because I have inspected thousands of condo buildings and their units for construction defects and other issues, I am often asked by both prospective condo buyers and property managers to name the most common problems found in new condo developments. Interesting enough, new condo buildings have more hidden problems than older facilities whose defects have manifested themselves over time. Therefore, my first response to a buyer is to hire a professional building inspector before purchase. To a board or property manager, I recommend engaging an engineer to conduct a transition study prior to facility acceptance.

When & Why

A building inspection is like an auditor looking over the books. If no early problems are discovered, the process goes more smoothly. When issues appear early, though, it is a strong indication that a more in-depth investigation is needed. Another maxim: problems are rarely found in the materials and equipment; rather, defects are primarily due to workmanship quality control and water in all its forms.

  1. Grading/Drainage
    New grading is prone to experience settlement. This often manifests itself in sunken storm drain grates; uneven paved surfaces; cracked sidewalks; driveway surface depressions allowing ponded water; drip-edge ground sloping toward the foundations; etc. Sometimes these problems can only be observed during rain events, but they can also be indirectly discovered from visible soil erosion and dried water strains.
  2. Building Envelope
    The building envelope includes exterior siding materials, doors, windows, and roof surface.  As mentioned earlier, water or air infiltration problems are not due to defects in materials but rather improper flashing, poor use of fasteners, and not following manufacturer’s installation recommendations. A review of the manufacturer’s specifications can be the most productive inspection technique.
  3. Foundation Cracks
    Most foundations use concrete, and concrete shrinks as it cures. Steel or fiber reinforcement is used to control and minimize cracking during the curing process. For this reason, most cracks in concrete are not a sign of structural problems or foundation settlement. Most building engineers can quickly determine the significance of observed cracking. Often water infiltration through the cracks is a greater issue.
  4. Wood Flooring
    Floorboards separating or buckling is a commonly reported problem in newly installed solid wood floors. Assuming the floor has not experienced a recent flooding event, movement of solid wood floors is often due to the installer not allowing the floor to acclimate to the interior’s humidity level. Floor wood typically has a moisture content of 6 to 8% moisture content in New England homes. If the floor material is not stored for a few days in the home’s environment prior to being installed, floor movement can result.
  5. Plumbing
    Always turn on the faucets and look under the sink. It’ surprising how many water leaks can be found with just this simple exercise. One of the most common problems discovered is the improper reversal of the hot- and cold-water piping.
  6. Ventilation Ducts
    Ductwork is not always sealed during construction, resulting in dust and debris from operations settling in the ducts. Ducts full of dust and debris should be cleaned by a professional.
  7. Paint
    Though full paint coverage may be called for in the specifications, sometimes tightened schedules and poor supervision allow areas such as basement area, closet ceilings, and other less visible spaces to be overlooked. Paint surfaces should always be inspected with a strong light applied at an angle. Painting irregularities, called “holidays,” can often only be seen using this method.
  8. HVAC Systems
    Modern systems require final reviews to determine if they are operating within their design parameters. This may include a review of the balancing report, use of anemometers to measure air flow, and temperature readings at floor and wall registers. Room temperature controls can be adversely affected when placed where direct sunlight can reach them.
  9. Unauthorized Substitutions
    A review of the project specifications can reveal inferior material or equipment has been substituted. This is typically done to save the developer money. Whether the substitution is equal or better than first specified is often a subjective matter, but still should be judged to be acceptable by the intended user.
  10. Incomplete work
    This issue can take on many forms, but the most important is life safety issues. This includes adequate fire sprinklers, fire-stopping seals around pipes and conduit, and code required fire separation. Fire alarms and CO2 detectors should be tested.

 

Article written by Jack Carr, P.E., R.S., LEED-APCriterium Engineers
Published in Condo Media October 2020 edition
Download a PDF Version of this Condo Media Article

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Section 1031 Exchanges & Cost Segregation

1031 exchanges cost segregation

Real estate investors have known for years that 1031 property exchanges can save taxes. A cost segregation study is something else investors should consider at the same time—as both may save taxes and improve cash flow. Here’s how a cost segregation study may benefit your next transaction.

Whereas cost segregation studies are often conducted at the time of purchase; 1031 property exchanges are arranged at the time of sale of the investment property. The goal of the 1031 tax savings device is to postpone the recognition of capital gains on the relinquished property by shifting the tax consequences to the books of the new property purchased and thus deferring the tax payment into the future.

The goal of a cost segregation study is to accelerate depreciation expenses into earlier years of a real estate investment’s lifetime. This action allows these accelerated deductions to increase allowable expenses in the early years of the investment deferring tax payments into the future. This will produce increased cash flow while benefiting from the time value of money to an estimate 5% to 10% of the building’s cost basis.

This proven tax strategy is accomplished by segregating personal property (Section 1245 assets) out of long-term depreciation categories such as commercial buildings (39 years or apartments – 27½ years) and reclassifying these assets to shorter depreciation categories including 5, 7, and 15 year. The additional side benefit is the values of each of the study’s components, including Section 1250 assets such roof, HVAC, and building façade components can later be used to claim an early retirement loss or partial disposition for any remaining depreciation basis left when the asset is replaced.

1031 Exchanges & Cost Segregation – who to contact

Talk to your tax specialist about 1031 property exchanges and partner with Criterium Engineers’ experienced team of cost segregation engineers. Together, we can work to maximize your real estate transaction.

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Common Asset Maintenance: Best Practices

HOA Maintenance Plans

As a young engineer, the most valuable lesson I learned early on was not to try to remember everything but know where to find the answers. It is no different for a new condo board or property manager. The Community Association Institute (CAI) has gone to great lengths to provide community leaders with a wide range of resources needed to operate a successful condominium or HOA complex. When it comes to the critical task of maintaining the common assets of the community the first step should be downloading and reviewing CAI’s “Best Practices: Community Association Maintenance” off the web site at https://Foundation.caionline.org/publications/best-practices-reports.org

All condos great or small; tall or long; simple or complex need a Maintenance Plan. No exceptions. The principal fiduciary duty of all condominium leaders is to Maintain, Protect, and Enhance. The only way to successfully implement such a plan is to create a Maintenance Program to implement the Plan in an efficient and cost-effective manner. A well written program will help to define the roles and responsibilities of both the association and homeowner as well as assure a connection between the Maintenance Plan and the recommendation of the most current reserve fund study. There is no need to start from scratch or re-invent the wheel. It is all spelled out in the aforementioned best practices report containing recommendations on developing plans, programs, and checklists.

It is not surprising some established condominiums do not have a Maintenance Plan. When developers turn over a condo complex to a new board often only drawings, specifications, and equipment manuals are provided, but no plan. A manual of how to tie all this data together is nowhere to be seen. A Maintenance Plan is so vital to a community’s future success some states (California, Minnesota, Oregon) require it by law. But the most important reason is to save money. These savings come from the community’s future financial stability; reduction in board turnover; higher property values; reduction in risk leading to lower insurance costs; and reduced reserve fund needs.

Simple Vs. Complex

Like people, all condominiums and HOAs are unique but they fall into two categories, Simple and Complex. Simple condos have inventories of common assets of primarily building envelopes and exterior infrastructure like roadways and landscaping found in the CC&R’s (covenants, conditions & restrictions) and site plans. The assets come with maintenance manuals and warranties. Other sources of asset information come from property managers, maintenance contractors, and reserve study engineers. Management tools can be limited to spreadsheets and bookkeeping software.

Complex condos on the other hand typically include mid and high-rise structures often with master associations rather than horizontal and low-rise multi-plex units. Complex condos share common systems such as mechanical, electrical, plumbing, and elevators. They have more extensive systems for security; communication; life safety; recreational facilities; and other amenities. As these communities have larger budgets with more systems to monitor, they need both preventative and corrective maintenance programs.

Preventative maintenance can include predictive maintenance using technical data analysis from sensors or field data to monitor for warning signs and prescription maintenance to establish estimated schedules to anticipate failure dates of component failures to compliment season maintenance schedules for periodic repetitive repairs and servicing. These complex condos have a more comprehensive schedule of inspections, photo inventory, and infrastructure reviews.

Also monitored is the community’s corrective maintenance history of component repairs due to premature failure such as buckling sidewalks; roof leaks; and mechanical failures. Similarly recorded are items falling into the deferred maintenance category as these are the most likely candidates causing premature failures, safety problems, and avoidable expensive repairs.

The catastrophic failure of the Florida high rise building in Surfside has added a new dimension to maintenance and reserve fund planning. In the past, long term inspections were limited to 30-year structural studies and occasional infrastructure reviews. Now most condo maintenance professionals recommend much shorter inspection intervals for both non-structural and structural common components. Non-structural include fire and life safety as well as MEP (mechanical, electrical, plumbing) systems.

Structural components include both primary load bearing building elements and assets not directly supporting the building such as awnings and decks. Benchmarks to help in defining the scope of structural inspections can be found in the American Society of Civil Engineers (ASCE) publications: “Guidelines for Structural Condition Assessment of Existing Buildings” and “Guidelines for Condition Assessment of the Building Envelope”.

So where to start? As with any task it starts with leadership. The board needs to find and support a committee chair to form a team of volunteers dedicated to developing a Maintenance Plan and subsequent program of implementation. This often requires the board to establish a Charter defining the committee’s scope and responsibilities while creating the culture of the importance of planning ahead. As JFK said many years ago, “The time to repair the roof is when the sun is shining.”

Written by Jack Carr, P.E., R.S., LEED-AP, Senior Consultant Criterium Engineers
Published in Condo Media

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Out of Pocket: How to Sell the Results of a Reserve Study Without a Revolt

Reserve without revolt

You are a board president and you just found out that your association needs $200,000 to replace the clubhouse HVAC system. Your operating budget has no contingency funds and your reserve fund (which only gets occasional contributions) only has a balance of $50,000. What do you do now? No one wants to be in such a situation, but without a good, independent reserve fund study, you are at risk.

While the importance of associations building and maintaining a strong Reserve fund is no mystery, raising fees or special assessments is often a sensitive subject with homeowners. Every association needs a long-term planning tool, and a reserve fund study provides a schedule and budget for funding those non-annual, predictable expenses.

FIDUCIARY RESPONSIBILITY

One of the primary business duties of community associations is maintaining and preserving property values of the associations’ common property. To do this properly, associations must develop funding plans for future repair or replacement of major common-area components.

A reserve study is a budget planning tool that identifies the current status of the reserve fund and establishes a stable and equitable funding plan to offset the anticipated future major common-area expenditures. Being prepared for non-annual expenses allows your association to change the unexpected to the expected.

Reserve fund studies are one of the best tools for financial and physical health available to an association. Having a reserve fund study prepared by an independent, qualified consultant also demonstrates a good faith effort by the board to respond to their fiduciary responsibility.

For accuracy and credibility (and defendability), a reserve fund study should be updated (with a site visit) every three or four years. Each state has different requirements regarding the frequency of full studies and updates.

COMMUNICATION AND RELATIONSHIPS

Reserve fund Studies may discover that additional funds are needed to offset projected future expense. That’s when the board’s ability to deliver that information effectively can be challenging

It is our belief that fundamental to meeting that challenge is two basic premises: communication and relationships. Communication is multi-faceted – between the board and the owners, between the board (and/or subcommittee) and the consultant, and between the consultant and the owners. To ignore these opportunities for effective communication will result in diluting the effectiveness and ultimate success of the implementation of any reserve fund study for your association.

Relationship nurtures trust and confidence. Through effective communication, greater trust and confidence can be developed between the various parties involved. As a result, it is more likely (although certainly not guaranteed) that the recommendations of a reserve fund study can be effectively implemented.

The Board should maintain open communications with the association members. With Zoom meetings and the internet, ongoing communication is easier than ever. And CAI provide good information about the purpose and best practices for a reserve fund study. Helping owners understand a reserve fund is important.

AN OUTLINE FOR SUCCESS

It is imperative that the scope of a reserve study be clearly defined before even seeking proposals from consultants. The following are a variety of options to be included in the scope of any request for proposals:

Define the project

Define exactly what is expected of the consultant. This should be as a result of discussion by the board and/or building subcommittee to determine what is needed. It is particularly important to decide whether the reserve study is to be based on simply replacing existing components or if upgrades and improvements should be considered. As our buildings and owners age, priorities from the common areas may change.

Interview the consultant

Getting to know the consultant, the people involved on your project and their approach to the project is imperative to a successful relationship. The RFP should include a paragraph such as follows below.

The board will select two to three consultants it believes to be qualified for the work and then conduct interviews, either in person, by video conferencing or by conference call. The objective of the interview is to meet the people who will be specifically working on our project, discuss a variety of questions, and generally understand the procedures the consultant intends to use for the project. A final choice will be made within one week following the interviews.

A reserve study provider’s objectives are threefold:

To provide a broad perspective on reserve studies; to assist property managers with a successful presentation of reserve fund studies; and to create opportunities for more meaningful reserve studies and effective implementation of recommendations. To accomplish that, we suggest the following steps

  1. Pre-project meeting

    The board (or building subcommittee) should meet with the consultant before actual work starts. The objective is to refine and finalize the scope of the project, discuss any specific concerns and review the asset list. This is also an opportunity to determine what will be expected of the association (or management company) and what will be expected of the consultant throughout the project. Suggested language for the RFP is as follows:
    The first step after selection is a meeting with the board (building subcommittee) to review, refine, and finalize the scope of this project. At that time, the items to be covered, the procedures involved, the on-site protocol to be used by the consultant, and any special concerns of the board (building subcommittee) will be discussed.

  2. Conduct an owner survey

    The intent is to give all of the owners the opportunity to express any particular concerns they might have about the project.
    While this may seem risky, it has been our experience that it is actually quite effective. Such a survey would be accompanied by a letter from the association providing all of the owners with the scope and limitations of the reserve study to be conducted and encouraging them to respond to the survey. It has been our experience that there is a very high percentage of response. Often the response to these surveys will reveal patterns that relate to association responsibilities as well as giving owners the opportunity to note areas of concern.
    The content of the survey should be reviewed and modified for each specific project. Also, a letter should be distributed to the unit owners, along with the survey, explaining the purpose and logistics of the reserve study and the survey. That letter should be on the association stationery. The survey would be on the consultant’s stationery. The following is text for the RFP relative to this point:
    The consultant is expected to participate in at least one meeting with the board (building subcommittee) prior to commencement of the project.
    The consultant is expected to distribute a survey for use by all unit owners and compile the results of that survey as a part of the reserve fund study.
    The final report would include a summary of the survey findings as well as any specific recommendations or observations related to the survey.

  3. Follow-up meetings

    It is important that the consultant be willing to discuss the findings of the study with the directors, building subcommittee, and unit owners.
    This is especially important if the study includes an evaluation of upgrades and improvements. Ideally, there will have been ongoing communication with the directors (building subcommittee) throughout the study process. A meeting with the unit owners will be a logical extension of that process. The following is language to be used in an RFP for that purpose:
    The consultant is expected to attend at least one meeting to which all of the unit owners are invited. This will occur after submittal and acceptance of the final report. The consultant will be expected to provide an overview of their findings and to respond to questions from the unit owners.

  4. Report format

    Effective communication means effective distribution of information.
    The consultant’s report should be well organized and well written. Since most state laws require that the reserve fund study be made available for all owners clear graphics, photos and tables are recommended. Further, the report should be compatible with electronic distribution. Be sure to call this out in the RFP:
    The consultant will provide final report in electronic format. This will include photographs highlighting areas of concern and/or special interest.

  5. Review draft report

    For the association, directors, and building subcommittee to be comfortable with the work of the consultant, it is important that there be interaction throughout the process.
    Generally, we recommend that the consultants meet with the directors/building subcommittee regularly throughout the process of developing the study and submit a draft report for review and comment by the directors/building subcommittee. The RFP should include the following language: The consultant will provide a draft report in electronic format for review by the board (building subcommittee). The board (building subcommittee) will provide comments within two weeks of receipt of the draft report. Following that, the consultant will provide its final report.

Now That You Have the Results, Where Do You Go From Here?

In the first half of this article, we discussed reserve studies and selling the results of the report to your association (without a revolt!). Now that you have the association on board with the report, how do you go about implementing the actual findings?

Tom Landry, the legendary head coach for the Dallas Cowboys, said, “Setting a goal is not the main thing; it is how you will go about achieving it and staying within that plan.” This applies to associations as well: implementing a reserve study properly is as important as obtaining a quality study to begin with.

A reserve fund plan will outline where your association currently stands financially, and the next steps to maintain adequate funding. By providing your association with comprehensive inventory of all common elements and an in-depth analysis to dictate your community’s maintenance standards, the final report will greatly assist your association in reaching maintaining financial stability.

Elements of the Study

A reserve study consists of two elements: physical analysis (condition assessment) and financial analysis (fund status and funding plan). The physical analysis, which should always result from a minimum of one site visit and meeting with the board of directors, produces a detailed reserve component (or asset) list for your community. This component list will inventory the association’s common elements and the remaining useful life (RUL) of each one.

The financial analysis documents the current reserve fund balance, current rate of contributions and projects annual balances based on projected expenses. The objective is to be sure the balance remains positive (or a board determined minimum threshold) as monies are spent. We recommend the cash flow method for funding projections, it’s practical and easy to understand. Some consultants will offer component funding.

Funding Plan Considerations

The funding plan serves a measure of your current condition and as a road map for the future. While you may be tempted to look only at the bottom line and determine what your association’s monthly reserve dues will be, individual features such as the inflation factor and replacement cost cannot be ignored. To ensure a sound budget throughout the years, each piece of the reserve fund puzzle must work together.

The funding plan will recommend a monthly reserve contribution, which is the amount each homeowner will pay in monthly dues (or quarterly, depending on your particular association) to the reserve fund only. The assessments are based on the funding plan developed to take your current reserve account to the funding objective. If your association currently has a weak account (or none at all), the reserve dues will naturally be higher than those associations with well-funded reserve accounts. Using the cash flow method, owners will pay dues to the reserve fund, designed to offset the annual expenditures from the reserve fund.

If your community doesn’t have a reserve fund in place, and you have cash needs, you should start the fund immediately and defer expenses where you can. A modest first payment in excess of the normal monthly payment will help get you started.

Along the same lines, securing a loan from a bank that specializes in community associations is another option that is growing in use. This can be a good alternative for associations who are drastically under-funded but don’t want to impose a special assessment on the homeowners. Planning ahead and making regular contributions to the reserve fund will reduce the risk of such a loan.

A special assessment may be necessary for associations that need the money relatively quickly, particularly in the case of an emergency, and don’t want to go through a bank to obtain a loan (and therefore, pay interest). This can be an unpopular choice with the residents of your community. A special assessment can l can be a one-time payment or installments, depending on the need and urgency. A well-managed association with reasonable reserve planning should work to avoid a special assessment.

Ongoing Maintenance & Updates

Based on your starting reserve balance, the final step is to establish a preventive maintenance program. This is different than a reserve funding plan. If your association does not maintain the components as detailed in the report, you run the risk of putting your association much farther behind in both maintenance and reserve funding.

Additionally, updates to the reserve study should be performed every three to five years. Changes to the association inventory, inflation significant weather events, and updating the RUL are just a few of the factors that can change the original reserve projections.

A quality reserve study performed by a Professional Engineer is the ideal way to continue planning for future repairs and improvements

All common assets of your association can successfully be maintained with advance planning. Stable budgets and an aesthetically pleasing property will keep homeowners content and ensure a stable budget, all while attracting new homeowners.

Reserve studies contain an evaluation of property condition, and most importantly, serve as an indispensable tool in projecting costs and managing reserve accounts. Major expenses are inevitable, these can often be headed off with advance preparation. Reserve studies have the unique effect of allowing you to peek into the future to ensure you plan appropriately today.

Article written by H. Alan Mooney, P.E., RS, Criterium Engineers

Published in Condo Media January 2021 edition

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What is a Capital Needs Assessment?

When building owners and property managers plan the financial future of their facilities, the quantitative tool most often chosen is the Capital Needs Assessment (CNA).

A CNA creates a capital forecast of needed reserves to fund depreciating asset replacement and prioritize discovered deficiencies while providing a comprehensive document to justify lending requests. CNAs are often used to mitigate the risk of unanticipated or unrecognized potential failure of key building systems.

Communication is Key

The challenge of a successful CNA is its need to meet the specific requirements of both the building owner and potential lending institutions. Criterium Engineers has met that challenge for its clients for over 60 years with in-depth local and nationwide knowledge of building science and reliable capital budgeting expertise. Communication is the key. The clarity and depth of our written and verbal reporting are responsible for the long-term relationships we have established with our clients over the years.

Tailored to Each Client

Since all facilities are different and client needs vary, a CNA report is unique for each project. While a detailed discussion of the current physical condition of all major building and site improvement assets is common in all reports, the presentation of the financial analysis and recommendations is often driven by the specific needs of the client or lender.

Typical CNA planning schedules include a 20-year timeline. However, requested forecasts can range from 5 to 30 years. Property types including commercial, multi-family, or industrial will often dictate the report’s focus on asset inventory elements with consideration of like-for-like renewal vs. upgrade renewal.

Many commercial, federal, state, and local lending agencies have their own preferred spreadsheet or tabular templates needing to be considered. Criterium Engineers’ breadth of experience will ensure our evaluations are on target the first time.

Scope of the Assessment

Following authorization to proceed, our engineering team will review steps of the study to confirm your goals and coordinate data collection, field visits, and schedule report submission.

Our report’s narrative will consider the standard estimated useful life of various building elements while supplementing these standards with the actual observed conditions. Photographs of significant issues will be included as well as graphics and charts necessary to illustrate important points and summarize the capital expenditure (capex) estimate.

The report narrative will list assumptions including expected inflationary factors and methodology of the financial analysis.

Beyond the CNA

Typically, a CNA’s focus is on financial forecasting. However, the scope of work could be expanded to include consideration of nearly any special facility issue or client requirement.

Issues and tasks not typically considered or performed in a CNA, but which Criterium can address as optional, additional engineering services include: structural and environmental assessments, energy audits, building code or other regulatory compliance, ADA or Fair Housing accessibility compliance, invasive observations, material sampling and testing, construction quality assurance and building commissioning.

Criterium Engineers’ work is performed by, or under the direct supervision of, experienced Professional Engineers (PEs). The in-house staff of the 35 Criterium offices located across North America includes PEs licensed in nearly every state and province.

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